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80-061 M.C. a limited partnership Jason Chartier for Tract 7005, Reso 5511Citl of Cu pe rti»o 10300 Torre Avenue Cupertino, California 95014 Telephone: (408) 252-4505 DEPARTMENT OF THE CITY CLERK December 19, 1980 M. C., A Limited Partnership Attention: Jason Chartier, General Partner 21060 Homestead Road Suite 120 Cupertino, CA 95014 AGREEMENT - TRACT 7005 P. O. Box 580 Cupertino, California95015 We are forwarding to you for your files a fully executed copy of the Agreement by and between the City of Cupertino and M.C., A Limited Partnership, along with a copy of Resolution No. 5511. Sincerely, Z. DOROTHY CORNELIUS CITY CLERK CITY OF CUPERTINO DC/so encl. CITY OF CUPERTINO Our Files 51,532 INTERDEPARTMENTAL Date Dec. 17 1980 To Dorothy Cornelius, City Clerk From Bert J. Viskovich Director of Public Works C1 Information MESSAGE: Tract No. 7005 M.C. a limited Partnership =1 Investigate =1 Implement Stevens Creek Blvd. and Scenic Blvd. t=j Discuss Transmitted are the followingdocuments: -1 See me J�--j Reply I. Three sets of im rovement agreement for completion. Return one copy to this office and forward a copy to LM Cupertino, Ca. 95014' 2. One co each of Faithful Performance and Labor and Material, Bonc sm American Motorists Insurance Company, Bond No. OSM 557 701 nc , Reply: SIGNED: DATE Send parts 1 and 2; retain part 3 for follow-up; part 2 to be returned with reply RESOLUTION NO. 5511 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE FINAL MAP AND IMPROVEMENT PLANS OF TRACT NO. 7005 LOCATED AT THE SOUTHWEST CORNER OF SCENIC BOULE- VARD AND STEVENS CREEK BOULEVARD; DEVELOPER, M.C., A LIM- ITED PARTNERSHIP; ACCEPTING CERTAIN EASEMENTS; AUTHOR- IZING SIGNING OF FINAL MAP AND IMPROVEMENT PLANS; AUTHOR- IZING THE EXECUTION OF AGREEMENT IN CONNECTION THEREWITH WHEREAS, there has been presented to the City Council for approval and for authorization to record final map of Tract No. 7005 located at the southwest corner of Scenic Boulevard and Stevens Creek Boulevard showing certain avenues, drives, places and roads by M.C., a limited partnership; and WHEREAS, there has been presented to the City Council a proposed agree- ment for the construction of streets, curbs and gutters and for other improve- ments, and good and sufficient bonds, fees and deposits as set forth in Exhibit "A" having been presented for the faithful performance of said work and the carrying out of said agreement; and said map, agreement and bonds having been approved by the City Attorney; NOW, THEREFORE, BE IT RESOLVED THAT a. Said final map and improvement plans of Tract No. 7005, be and the same are hereby approved. b. The offer of dedication for roadway and for easements is hereby accepted. C. The City Engineer and the City Clerk are hereby authorized to sign said final map. d. The City Engineer is hereby authorized to sign the improvement plans. e. The Mayor and the City Clerk are hereby authorized to execute the agreement herein referred to. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15th day of December 1980 by the following vote: Vote Members of the City Council AYES: Gatto, Plungy, Sparks, Rogers NOES: None ABSENT: Johnson ABSTAIN: None ATTEST: APPROVED: /s/ Dorothy Cornelius City Clerk /s/ Barbara A. Rogers Mayor, City of Cupertino Resd1ution No. 5511 DEVELOPMENT EXHIBIT "A" SCHEDULE OF BOND, FEES, AND DEPOSITS Tract 7005 M C a limited partnership —_ LOCATION Southwest corner of Scenic Blvd. and Stevens Creek Blvd. Part A. Faithful Performance Bond: Including On -Site Grading $ 30,000.00 Thirty Thousand and no/100 Dollars Part B. Labor and Material Bond: $ 30,000.00 Thirty Thousand and no/100 Dollars Part C. Checking and Inspection Fee: $ 1,500.00 One Thousand Five Hundred and no/100 Dollars Part D. Indirect City Expenses: $ 225.00 Two Hundred Twenty -Five and no/100 Dollars $ 110.00 Part E. 'Sap Filing Fee: One Hundred Ten and no/100 Dollars Part F. Development Maintenance Deposit $ 325.00 Three Hundred Twenty -Five and no/100 Dollars $ 1,827.00 Part G.' Storm Drainage Fee: One Thousand Eight Hundred Twenty -Seven and no/100 Dollars Part H. One Year Power Cost: $ $ By Developer Part I. Tree Fees: Part J. Park Fees: $ 10 800.00 Ten Thousand Eight Hundred and no/100 Dollars Part K. 1-faster Water i•fain Extension Deposit - L. $ (2,344.00) Two Thousand Three Hundred Forte -Four Dollars Credit Toward Paragraph L. Part L. City :lain. Extension (300 L.F.) $--CQ S tL as Agreed Part if. Stevens Creek Plan Line Reimbursement (to City) $ 1)459.00 One Thousand Four Hundred Fifty -Nine and no/100 Dollars .A A G R E E M E N T _ This AGREE_M= , made and entered into this 15th day of December , 1980, by and between the CITY OF CUPERTINO a municipal corporation of the State of California, hereinafter designated as CITY, and M.C., a limited partnership ---------------------------------------------------- hereinafter designated as Developer. W I T N E S S E T H WHEREAS said Developer desires to subdivide certain lard within said City of Cupertino in accordance with the map heretofore filed with the City Council of the City of Cupertino, marked and designated Tract 7005 Cupertino, California, hereinafter designated as "the Tract;" and WHEREAS, said map shows certain courts.; drives and roads which are offered for dedication for public use; and WHEREAS, said Developer desires to construct dwellings on the lots in said "Tract;" and WHEREAS, CITY hereby approves the improvement plans and specifications pre- pared for the Tract by Allied EngineerG ; a true copy of said improvement plans and specifications are on file in the office of the City Engineer of Cupertino; and WHEREAS, the same are incorporated herein by reference, the same as though set out in full; now, therefore, said improve- ment plans and specifications shall be hereinafter called "the Plans," and the work to be done under the Plans shall be called "the Work." WHEREAS, pursuant to the provisions of this AGREMENT, the CITY hereby -1- establishes the amount of bond, fees and deposit as set forth in the following schedule. SCHEDULE OF BONDS, FEES AND DEPOSITS Part A. Faithful Performance Bond: Including On -Site Grading Thirty Thousand and no/100 Dollars $ 30,000.00 Part B. Labor and Material Bond: $ 30,000.00 Thirty Thousand and no/100 Dollars Part C. Checking and Inspection Fee: $ 1,500.00 One Thousand Five Hundred and no/100 Dollars Part D. Indirect City Expenses: $ 225.00 Two Hundred Twenty -Five and no/100 Dollars Part E. Map Filing Fee: $ 110.00 One Hundred Ten and no/100 Dollars Part F. Development Maintenance Deposit $ 325.00 Three Hundred Twenty -Five and no/100 Dollars Part G. Storm Drainage Fee: $ 1,827.00 One Thousand Eight Hundred Twenty -Seven and no/100 Dollars Part H. One Year Power Cost: Part I. Tree Fees: $ By Developer Part J. Park Fees: $ 10,800.00 Ten Thousand Eight Hundred and no/100 Dollars Part K. Master Water Main Extension Deposit - L.$ (2,344.06) T_ _ Two Thousand Three Hundred Forty -Four Dollars Credit Toward Paragraph L. Part L. City Ilain Extension (300 L.F.) $most as Agreed Part M. Stevens Creek Plan Line Reimbursement (to City) $ 1,459.00 One Thousand Four Hundred Fifty -Nine and no/100 Dollars NOW, THEREFORE, IT IS HEREBY MTJTLALLY AGREED by and between the parties hereto as follows, TO WIT: 1. INSTALLATION OF WORK It is agreed that in consideration of the approval of said map and the acceptance on behalf of the public of the ,courts, drives and roads offered for dedication, (a) The Developer shall install and complete the Work within one (1) year from the date of execution of this AGREEMENT, or such longer period as may be specifically authorized in writing by the City Engineer. In the event the Developer fails or refuses to complete the Work within the specified period of time, the CITY, at its sole option, shall be authorized to complete the Work in whatever manner the CITY shall decide. In the event the CITY completes the Work, the CITY may recover any and all costs incurred thereby from the Developer or the Developer's surety or both. (b) The Developer shall install and complete the Work in a good and work- manlike manner in accordance with the plans as approved by the City Engineer of Cupertino. The Work shall be made under the inspection and with the approval of the City Engineer. The Work shall be done in accordance with existing ordin- ances and resolutions of the City of Cupertino, and in accordance with all plans, specifications, standards, sizes, lines and grades approved by the City Engineer. The Work shall be done in accordance with all State and County Statutes applicable thereto. The decision of the City Engineer shall be final as to whether any material or workmanship meets the standards, specification, plans,sizes, lines and grades as set forth. (c) It is further agreed that the Work shall be done in accordance with the Standard Specifications of the Department of Public Works, Division of Highways, State of California, dated Jan. 1973, and in accordance with the specifications.., of the Cupertino Sanitary District where applicable. Wherever the words "State" or "Division of Highways" are mentioned in the State Specifications, it shall be considered as referring to the City of Cupertino; also, wherever the "Director" or "Director of Public Works" is mentioned, it shall be considered as referring to the City Engineer. In case of conflict between the State Specifications and the specifications of the City of Cupertino and/or the Cupertino Sanitary District, the specifications of the City of Cupertino and/or the Cupertino Sanitary District shall take precedence over and be used in lieu of such conflicting portions. 2. EXCAVATION PERMIT It is further agreed that the Developer shall comply with Section Three of Ordinance No. 130 of City of Cupertino by obtaining an excavation permit from the City Engineer before the commeacement of any excavation in, on, or under the surface of any existing public street, lane, alley, sidewalk, or other public place. It is further agreed that the developer shall notify the City Engineer of the exact date and time when the proposed excavation is to commence. 3. QUITCLAIM DEED - UNDERGROUND WATER RIGHTS It is further agreed that Developer shall quitclaim all his rights and interests in, and shall grant to CITY authorization to extract water from the underground strata lying beneath said "Tract" and Developer agrees to execute a "Quitclaim Deed and Authorization" in favor of CITY, when presented to him for signature. 4. BONDS It is further agreed that prior to, or concurrent with, the execution of this AGREEMENT, the Developer shall execute and deliver to the City Engineer a faithful performance bond running to the CITY, as obligee, and a labor and material bond running to the CITY and to all contractors, subcontractors, laborers material men and other persons referred to in Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of the State of California, as obligees, said performance and labor and materials bonds shall each be in the amount as established in the Schedule of Bonds, Fees, and Deposit as set forth herein at Page 2 (Parts A & B) and shall conform with the provisions of Resolution 1591 of the City Council of Cupertino. Said bonds shall be in a form acceptable to the City Engineer and shall be approved by him prior to or concurrent with the execution of this agree- ment by the CITY. 0 w 5. CHECKING AND INSPECTION FEE It is further agreed that developer shall pay any and all necessary direct expenses for inspection, checking, etc., incurred by CITY in connection with said "Tract," and that Developer shall have deposited with CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part C) . Should construction cost vary materially from the estimate from which said sum is calculated, the City Engineer shall notify Developer of any additional sum due and owing as a result thereof. 6. INDIRECT EXPENSES It is further agreed that Developer shall pay to CITY, prior to execution of this AGREEMENT, indirect expenses allocable to processing this improvement, the amount as set forth herein at Page 2 (Part D). 7. MAP FILING FEE It is further agreed that the Developer shall deposit with CITY, prior to execution of this AGREEMENT, for office checking of final map and field check- ing of street monuments, in compliance with Section 4:1 of Ordinance No. 47 (Revised 12/4/61) of CITY, the amount as set forth herein at Page 2 (Part E). 8. DEVELOPMENT MAINTENANCE DEPOSIT It is further agreed that the Developer shall pay to the CITY, prior to execution of this AGREEMFIQT, the amount set forth herein at Page 2 (Part E) as a development maintenance deposit to insure proper dust control and cleaning during the construction period. The development maintenance deposit may be utilized for repairs of defects and imperfections arising out of or due to faulty workmanship and/or materials appearing in said work during the period until release of the improvement bonds by the CITY. Should the Developer complete the required repairs to the entire satisfaction of the CITY, the unused balance will be returned after the release of the improvement bonds. -5- 9. STORM DRAINAGE FEE It is further agreed that the Developer shall deposit with the CITY, prior to execution of this AGREEMENT, a storm drainage charge in connection with said Project in accordance with the requirements established in Resolution 4422, March 21, 1977 in the amount as set forth herein at Page 2, (Part G). 10. ONE YEAR POWER COST It is further agreed that the Developer shall pay to the CITY, prior to execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part H), which amount represents the power cost for street lights for one year. 11. FEES FOR THE INSTALLATION.OF STREET TREES It is further agreed that the CITY shall, at such time as deemed appro- priate by the City Engineer, plant and maintain street trees in conformance with the standards of the City of Cupertino. As payment for said installation and maintenance by the City, the Developer shall pay to the CITY, prior to the execution of this AGREEMENT, the amount as set forth herein at Page 2 (Part I), which amount represents the fees for installation and maintenance of said street trees, having been calculated at the unit price of $15.00 per tree: 12. PARK FEES It is further agreed that the Developer shall pay such fees and/or dedicate such land to the City, prior to execution, as is required within "Park Dedication Ordinance" Number 602, 1972 and which is further stipulated under Part J, page 2 herein. 13. MAINTENANCE OF THE WORK It is further agreed that the Developer shall maintain the Work (a) for a period of one (1) year after acceptance of the Work by the City Council of City of Cupertino, or (b) until all deficiencies in the Work are corrected to conform to the Plans and the CITY standards and specifications for the Work, whichever is the later to occur. The Developer shall, upon written notice thereof, immediately repair or replace, without cost or obligation to the City of Cupertino, and to the entire satisfaction of said CITY all defects and imperfections arising out of or .r _ {r due to faulty workmanship and/or materials appearing in said Work. e 14. SANITARY DISTRICT It is further agreed that the Developer shall file with CITY,. upon execution of this AGREEMENT, a letter from the Cupertino Sanitary District stating that the Developer has entered into a separate AGREEMENT with the said District to install sanitary sewers to serve all lots within said "Tract" and stating that a bond to insure full and faithful performance of the construction of the said sanitary sewers and to insure maintenance of said, sanitary sewer in conformance with the provisions as set forth in paragraph No. 13 above, have been filed. 15. BUSINESS AND PROFESSIONS CODE It is further agreed that Developer shall file with CITY, upon execution of this AGREEMENT, substantial evidence that all provisions of Section 11603, Article 8, Chapter 2 of the Business and Professions Code, pertaining to special assessments or bonds, have been complied with. 16. CENTRAL FIRE DISTRICT It is further agreed that the Developer shall file with the CITY, upon execution of this AGREEMENT, a letter from the Central Fire Protection District of Santa Clara County, stating that the Developer has enured into an AGREEMENT with said District to install fire hydrants to serve said "Tract" and stating that all necessary _fees have been deposited with said District to insure install- ation and five (5) year rental fee of said hydrants. 17. STREET LIGHTING - P.G.&E. RATE SCHEDULE SHALL APPLY It is further agreed that the Developer shall apply for the installation of electric power for street lighting at the earliest date possible. 18, P.G.&E. AND P.T.&T. It is further agreed that the Developer shall pay to Pacific Gas and Electric Company and/or to Pacific Telephone and Telegraph Company any and all fees required for installation of overhead and/or underground wiring circuits to all electroliers within said "Tract" and any and all fees required for undergrounding as provided in Ordinance No. 331 of CITY when Developer is notified by either the -7- City Engineer or the Pacific Gas and Electric Company and/or Pacific Telephone and Telegraph Company that said fees are due and payable. 19. EASEMENTS AND RIGHT-OF-WAY It is further agreed that any easement and right-of-way necessary for completion of the project shall be acquired by the Developer at his own cost and expense. It is provided, however, that in the event eminent domain proceedings are required by the CITY for the purpose of securing said easement and right-of-way, that the Developer shall deposit with CITY a sum covering the reasonable market value of the land proposed to be taken and to be included in said sum shall be a reasonable allowance for severance damages, if any. It is further provided that in addition thereto, such sums as may be required for legal fees and costs, engineering, and other incidental costs in such reasonable amounts as the CITY may require shall be deposited with CITY. 20. HOLD HARMLESS It is further agreed that, commencing with the performance of the Work by the Developer or his contractor and continuing until the completion of the maintenance of the Work as provided in paragraph 13 above, the Developer shall indemnify, hold harmless and defend the CITY from and against any or a1t-loss, cost, expense, damage or liability, or claim thereof, occasioned by or in any way whatsoever arising out of the performance or.. -nonperformance of the Work or the negligence or willfull misconduct of the Developer or the Developer's agents, employees and independent contractors. 21. INSURANCE It is further agreed that: The Developer shall take out, or shall require any contractor engaged to perform the Work to take out, and maintain at all times during the performance and maintenance of the Work called for or required to be done hereunder, a policy of insurance naming the CITY and members of the City Council of the City of Cupertino, individually and collectively, and the officers, agents, and employees of the CITY individually and collectively, as insured. Said separate policy shall provide bodily injury and property damage coverage to the foregoing named CITY and individuals covering all the Work performed by, for, or on behalf of said Developer. Both bodily injury and property damage insurance must be on an occurrence basis; and said policy or policies shall provide that the coverage afforded thereby shall be primary coverage to the full limit of Liability stated in the declarations, and if the CITY, its members of the City Council, individually and collectively, and the officers, agents, and employees of the CITY, individually and collectively, have other insurance against the loss covered by said policy or policies, that other insurance shall be ez:cess imsur=- ce only . (a) Each of said policies of insurance shall provide coverage in the follcwing minimum amounts: for bodily injury, $100,000 each person; $300,000 each occurrence; property damage, $50,000 on account of any one occurrence with an aggregate limit of not less than $200,000. (b) The Developer shall file with the City Engineer at or prior to the time of execution of this AGREEENT by the Developer such evidence of said foregoing policy or policies of insurance as shall be satisfactory to said City Engineer. Each such policy or policies shall bear an endorsement precluding the cancellation or reduction in coverage without giving the City Engineer at least ten (10) days advance notice thereof. (c) In the event that the project covered herein should be mutually situated in or affect the area of jurisdiction of a separate municipality or political sub- division of the State of California, the policies of insurance required herein and above shall co -name such municipality or political subdivision and the provision set forth herein and above for the protection of the City of Cupertino shall equally apply to municipality and political. subdivision. - 9 - 22-A. WATER MAIN EXTENSION DEPOSIT The Developer further agrees to deposit with the City those monies re- quired to comply with "Policy on Water Main Extension Work and Deposits" dated 9/30/77. The deposit shall by held by the City until said monies are needed to implement improvements outlined by the Director of Public Works or improvements outlined within an adopted Water Master Plan. The amount shown herein at Part I:, Page 2 shall be the full amount due. 22-B. CITY MAIN EXTENSION The work as outlined under Part L herein is to install water mains in addition to those required under existing ordinances. The City will reimburse the Developer those costs established as the lowest competitive bid amount (as de- termined by the City Engineer). The location of the work is as indicated on the Plans (not to exceed 300 lineal feet). =:.,23. STEVENS CREEK PLAN LINE REIMBURS24ENT (TO CITY) The Developer shall reimburse the City an amount equal to the prorated amount the City has expended on the Stevens Creek Plan Lie. The reimbursement shall be on the center line length of the new Stevens Creek Boulevard. 24. TERMS AND CONDITIONS It is further agreed that the above named terms and conditions for the said "Tract", shall bind the heirs, successors, administrators, or assigns of the Developer. The assignment of this AGREEIAENT shall not be made without ap- proval by the City Council of said CITY. IN WITNESS WHEREOF, said CITY has caused its name to be hereunto affixed by its Mayor and City Clerk, thereunto duly authorized by resolution of the City Council and siad Developer has hereunto caused his name to be affixed the day and year first above written. 10 - Approved as to form: Attorney OFFICIAL SEAL STANLEY L. HOY,fARD NOTARY PUBLIC CAUFORNIA SANTA CLnRA COUNTY MY comfoISSION EXPIRES OCTOBER 18, 1984 CITY OF CUPERTINO By By DEVELOPER w Cowdery's Form No. 29—(Acknowledgment—Partnership (C. C. Sec. 1189) STATE OF CALIFORNIA, ss. _.-- :.'- -. =County of Santa_Clara . _.......-...._ ...-.:._ second-- December------- - On this ............._..._day of._._.__...._ ........... ---..__._.._....._.in the year one thousand nine hundred and..eightY :.:.:.:. __..:.before me,.Standey..L.:.... Howard=.-.-.-_ a Notary Public State of California, duly commissioned and sworn, personally appeared Jason Chartier------------------------------------------- -------------------------------------------------------------------------------.............-----------.............._------------------.---------- ................. --------------------------------------------------------- ------------------...--------------- ... ---------- -------- ......... _.................. -----------..... t �-�gen�ra.... known to me to be o� partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the ---------county of—Saut .-__Cla.I'a-.-.-. _ .._ .-. _.the day and year in this certificate first above written. L --------------- ------� �... ... r _.. ........ -- ................... ..... _.... . .... otary Public, State of California. My Commission Expires .................... .October------ 18 -- ---'---- - 1-9---8---4 --------------- -. .:: �. _ - —. _ _ � - -. - :. ,:�.: ,.:. _...4_.sz ai - ...,. adFi�•.�i �., �Gwro.a6: ,asaw�.,cR�$a-�r..: �.. �av Direct all correspondence to- BAF,,�fCER, 501NIDS BOND EXECUTED IN DUPLICATE BOND NO. OSM 557 701 LABOR AND MATERIAL BOND 5. F,anci�;co, Cal'.i. 94103 (Subdivision Improvements) KNOW ALL MEN BY THESE PRESENT: WHEREAS, the City of Cupertino, State of California, and M.C., a limited partnership hereinafter designated as "Principal" have entered into or are about to enter into a contract providing for the installation, construction, and erection by Principal of certain improvements more particularly described in said contract; and WHEREAS, said Principal is required to furnish a bond in connection with said contract, providing that if said Principal, or any of his or its sub- contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the surety on said bond shall pay the same to the extent hereinafter set forth; NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, firmly bind ourselves, our executors, administrators, successors and assigns, jointly and several.Ly, unto the City of Cupertino, and any and all materialmen, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the per- formance of the aforesaid work contracted to be executed or performed under the contract hereinab ove mentioned, and all persons, companies or corporations lend- ing or hiring teams, implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, whose claim has not been paid by Principal or by any other person, in the just and full, sum of Thirty Thousand and no/100 Dollars ($ 30,000.00 ). THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay for any materials, provisions, provender. or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Un- employment Insurance Act with respect to such work or labor, then said Surety will pay the same and also will pay in case suit is brought upon this bond, such reasonable attorney's fee as shall be fixed by the Court. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 1184.1 of the Code of Civil Procedure, so as to give a right of action to them or their assigns in any suit brought upon this bond. Labor and Materiol. )hind Page 2 And the said Surety, for value received, hereby stipulates, and agrees that no change, extension of tiim:, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any. such change, extension of time, alter- ation or addition to the terms of the contract or to the work or to the speci- fications, IN WITNESS WHEREOF, this instrument has been duly executed, by the Principal and Surety this _day of _ nPrPmhPr _1 ls$Q__- M.C., a lim� ed par {To be signed by Principal and Surety and acknowledgment P("ri-ncipal Jason Chartier, General Partner _ _ .3 - - ,.., , I - 1 STATE OF CALIFORNIA, ss. . _. _ � __W—.County of _ Santa -Clara Clara- � - �__ _ .._ OFFICIAL SEAS 9th December ''� S'TANLEY L. HOWAR® On this ..... ............._....day of---...__.._ --..---•------....__._.._... .in the year one thousand nine NOTARY PUBLIC CALIFORNIA hundred and ..... __g0._......._..._..___...before me, ..... Stanley L.._ Howard__. --- w'r' SANTA CLARA COUNTY a Notary Public, State of California, duly commissioned and sworn, personally appeared y....-•.......................--• ................ ................ ........... -..... N1Y COMMISSION EXPIRES 18. 1984 J Q]L.�,j t � �('x.......:....................................._.. ............. ---............................e._..................._ .... ... .. ....... -----.... known to me to be /le g par era-'' f the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seat, ----------- Santa Clara-.- in the _County of_ - ..........................................................the day and year in this certificate first above written. .......... I ......................... .. Ktary —-...._...Public, State of California. Cowdery's Form No. 29—(Acknowledgment—Partnership) 10' 18 - 8 4 My Commission Expires ............._.-....-...._........-....._._..... (C. C. Sec. 1189) ----•------------------ STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO i ss. MONTAGUE D. MEYER h NOTARY PUBI_.IC-CALIFORNIA ?,$ CITY AND COUNTY Uf SAN FRANCISCO AMy Commission Expires Aug. 24, 108 DEG 9 1980 ON 19 ,before me a Notary Public in and for said State, personally appeared Carolvn P. Kliebert known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. J — �� _.. Notary Public Direct all correspondence too ALB "', ^'i S BOND EXECUTED IN DUPLICATE BOND NO. OSM 557 701 717 I-'-- g A2aNJAL PREMILTi f $ 430 and Third San Francisco, Cafif. 94103 FAITHFUL PERFORMANCE AND COMPLETION IMPRCVEME dT FOND (Subdivision Improvements) KNOW ALL MI -N 3`1 TzIESE PRESENTS : THAT WE, M.C., a limited partnershi as Principal and AMERICAN MOTORISTS INSURANCE COMPANY as Surety are held and firmly bound unto the City of Cupertino, State of California, in the sum of Thirty Thousand and no/100 Dollars Dollars ($ 30,000.00 lawful money of the United States, for the payment of ,which will and truly to be made, we bind ourselves, our heirs, executors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that, STATE OF CALIFORNIA ) COUNTY OF SAN FRANCISCO) SS. s =�. MONTAGUE D. MEYER NOTARY PUBLIC-CALIFORNIA "c;4 CITY AND COUNTY OF SAN FRANCISCO My Commission Expires Aug. 24, 1984 ON 10E0 198Q 19 before me a Notary Public in and for said State, personally appeared known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in - Fact. Notary Public IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and STATE OF CALIFORNIA, ss. _. ---_County of__ Santa Clara = - _ ___ _ _ _ - fFIC'ALSEAS 9th December t - 0-rANLEY L. m0WARD On this....-•_— .............-....day of.....----...__...__--------._..._.._... .in the year one thousand nine xYk NOTARY PUBLIC CALIFORNIA hundred and...___ gO ................. _..... before me, ...... Sty1Qy-.L....-.Hohiard........---•--............. SANTA CLARA COUNTY a Notary Public, State of California, duly commissioned and sworn, personally appeared MY C('pAMIsSiOPd EJCPiRES OC70Ci£R 18, 1584 ........ Jason Chartior- . .. ..._.-...._._..........---. .----....................................................................................... .------------- --........._.---- .... ---•.......................................... ...---._..._-----•----•---------------t; the -.- known to me to be / partner of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal, in the - - - - - - - - - - - County of_._.-SaRta....Uala----------------------- the day and year in this certificate first above written. ------------------------•-----PyCbmmission --- .... .... � .....--- ..--------------------•------•-- Notary Public, State of California. Cowdery's Form No. 29—(Acknowledgment—Partnership) (C. C. Sec. 1189) Expires......-1-0--1.8.-_84......................................... AMERICAN MOTORISTS INSURANCE COMPANY�� Home Office: Long Grove, IL 60049 7119L---i 13RO P POWER OF ATTORNEY Know All Men By These Presents: ,Thai the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * * * * * * * * Anthony Angelicola and Carolyn Kliebert of San Francisco, California (EACH)**, e its true and lawful agent(s) and aftorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1982, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1982 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate c­v of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That the President or and Vice President or Sec ret u) of anf ,Assistant Secrelim ~hall ha%e poker and authority to ap- point agents and allorneys in lacl, and lu au111MI/ C Ihr�rn to cxcnrte on holl,!II of the company, and atlach the seal of the company thereto, bonds and undertaking,, recuhnitancc,, cunlract> of inclemnily and other %%rilings obligatory in the nature thereof, and any such ollicer of the company !n,!� ,ippmnl agent, for acccpl,ulce of puce», ' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, That the signature of the Presidenl, ,uiy Vice Prc,idenl, Setrel,M or ,A»istanl Secielan, and the Seal of the Com- pany, and the certilicalion by any Su(wl,mN of A,,!slanl S.ccrclary, may be alll�cd hi lac>imilc on any po\eer of alfoiney execulecipursuam to resolution adoplecl by the lilf,lrcl of Uireclol, cr!i Mai 10. 11)02, and any such po%�er ;o execuled, sealed and cerlilied wcilh respect to any bond or uncic!Iak!ng to %%h!ch it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to he signed and its corporate seal to be affixed by its authorized officers, this - l 2th day of Nnvpmher 19_0 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY B y R.H. Johnson, Secretary G. H. Kasbohm, Vice President STATE OF ILLINOIS COUNTY OF LAKE }ss I, Martha E. Anderson, a Notary Public, do hereby certify that G.H. Kasbohm and R.H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the Slate of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being lhereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: February 16, 1984 Martha E..Anderson, Notary Public FM 8361 7-80 IM- Power of Allum.`y-1Prm PRINTED IN U.S.A.